No non commis deserted, or otherwise carry away any such soldier, or shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be fined, at the discretion of the court, in any sum not exceeding three hundred dollars, or be imprisoned, for any term not exceeding one year. SEC. 16. And be it further enacted, That no non-comsioned officers & missioned officer, or private, shall be arrested, or subto arrest for a ject to arrest, for any debt under the sum of twenty sum under 820. dollars. privates subject Non-commissioned officers or privates desert SEC. 17. And be it further enacted, That if any noncommissioned officer, musician, or private, shall desert ing, liable, in ad- from the service of the United States, he shall, in additortion to the penalties mentioned in the rules and articles such period as of war, be liable to serve, for and during such a period the ful! term of as shall, with the time he may have served previous to may be tried, al- his desertion, amount to the full term of his enlistment, ties, serve will amount to enlistment; and though, &c. Sentences of gen peace, extending peace or war, re spect a general and such soldier shall and may be tried and sentenced by a regimental, or garrison court-martial, although the term of his enlistment may have elapsed previous to his being apprehended or tried. eral courts-mar- SEC. 18. And be it further enacted, That the sential, in time of tences of general courts-martial, in time of peace, exto the loss of life, tending to the loss of life, the dismission of a commisor which, in sioned officer; or which shall, either in time of peace or officer, to be laid War, respect a general officer, shall, with the whole of the before the presi- proceedings in such cases, respectively, be laid before the president of the United States; who is hereby authorized to direct the same to be carried into execution, or otherwise, as he shall judge proper.* deut, &c. Officers and sol &c. to be placed on the list of valids, &c. of compensation SEC. 19. And be it further enacted, That if any offidiers wounded in cer, non-commissioned officer, private, or musician, the line of duty; aforesaid, shall be wounded or disabled, while in the line of his duty, in public service, he shall be placed on the list of the invalids of the United States, at such rate of pay, and under such regulations, as shall be directed by the president of the United States for the time being: Proviso; the rate Provided always, That the rate of compensation to be to a commission- allowed for such wounds or disabilities, to a commisexceed half pay, sioned officer, shall never exceed, for the highest disability, half the monthly pay of such officer, at the time of his being so disabled or wounded; and that the rate of compensation to non-commissioned officers, privates, and musicians, shall never exceed five dollars per non-commission: month: And provided also, That all inferior disabilties privates, not to shall entitle the person so disabled, to receive an allowance proportionate to the highest disability. ed officer not to &c. The rate, &c. to ed officers and exceed five dolls. per month, * See chap. 8, art. 2, and rules and articles of war, chap. 50, art. 65. diers to be go of war, except, SEC. 20. And be it further enacted, That the officers, Officers and sol non-commissioned officers, privates, and musicians, verned by the aforesaid, shall be governed by the rules and articles of rules and articles war which have been established by the United States, &c. in congress assembled,* (except so much of the same as is by this act altered or amended.) as far as the same may be applicable to the constitution of the United States; or by such rules and articles as may hereafter by law be established. subscribe an SEC. 21. And be it further enacted, That every offi- Officers and solcer, non-commissioned officer, private, and musician, diers to take and aforesaid, shall take and subscribe the following oath oath. or affirmation, to wit: "I, A B, do solemnly swear, or affirm, (as the case may be,) to bear true allegiance to Form of the oath. the United States of America, and to serve them honestly and faithfully, against their enemies or opposers whomsoever, and to observe and obey the orders of the president of the United States, and the orders of the officers appointed over me, according to the rules and articles of war." within the per SEC. 22. And be it further enacted, That so much of Acts in force, & any act or acts, now in force, as comes within the pur- view of this act, view of this act, shall be, and the same is hereby, re- & repealed; saving, pealed: saving, nevertheless, such parts thereof as relate to the enlistments or term of service of any of the troops, which, by this act, are continued on the present military establishment of the United States. The general staffTM in service until SEC. 23. And be it further enacted, That the general &c. to continue staff, as authorized by this act, shall continue in service the 4th March, until the fourth day of next March, and no longer. [Approved, May 30, 1796.] 1797. CHAPTER XXVII. An act to amend and repeal, in part, the act, entitled "An act to ascertain and fix the military establishment of the United States. part of sections, pealed. SEC. 1. Be it enacted by the Senate and House of Re- The sections and presentatives of the United States of America in Congress &c. of the act assembled, That the third section of the act, passed the mentioned, rethirtieth of May, one thousand seven hundred and ninety-six, entitled "An act to ascertain and fix the military establishment of the United States," together with all other parts thereof, which relate to provision made for See chapter 2, and its supplements. † See chapter 26. One brigadie general, &c. A judgeadvocate, A quartermaster general and pay &c. the major-general and his staff, be repealed: and that all such parts of the said act, together with so much of the twenty-third section, as may be construed to affect the brigadier, and the whole of the eleventh section of the said act be, and are hereby repealed. SEC. 2. And be it further enacted, That there shall be one brigadier general, who may choose his brigade-major and inspector from the captains and subalterns in the line, (to each of whom there shall be allowed the monthly pay of twenty-five dollars, in addition to his pay in the line, and two rations extraordinary per day; and, whenever forage shall not be furnished by the public, to ten dollars per month in lieu thereof.) That there shall be one judge-advocate, who shall be taken from the commissioned officers of the line, and shall be entitled to receive two rations extra per day, and twenty-five dollars. per month, in addition to his pay in the line; and whenever forage shall not be furnished by the public, to ten dollars per month in lieu thereof. SEC. 3. And be it further enacted, That there shall master general, be one quartermaster general, and one paymaster-general, who shall receive the same pay and emoluments, respectively, which those officers have heretofore been allowed by law. Monthly pay of lieutenants and SEC. 4. And be it further enacted, That from and after the thirtieth day of June next, the monthly pay of the ensigns. lieutenants shall be thirty dollars, and that of the enDouble rations to signs twenty-five dollars: That to the brigadier, while the brigadier commander-in-chief, and to each officer, while commandder in-chief, and ing a separate post, there shall be allowed twice the eers commanding number of rations to which they would otherwise be enseparate posts. titled. while comman the same to offi SEC. 5. And be it enacted, That the majors be entiMajors entiled tled to receive four rations per day, for their subsis per day. Each commis ranged, &c. to tence. SEC 6. And be it further enacted, That to each comsioned officer de- missioned officer, who may have been deranged under the act to ascertain and fix the military establishment of the United States," there shall be paid the amount of six months' pay and subsistence. receive 6 months pay, &c. [Approved, March 3, 1797.] CHAPTER XXVIII. An act to provide for the further defence of the ports and harbors of the priced for forti SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress 8115.000 appre assembled, That for fortifying certain ports and harbors fying ports and of the United States, there be appropriated a sum not' exceeding one hundred and fifteen thousand dollars. harbors. ing the expense. SEC 2. And be it further enacted, That the said appropriation shall be paid and discharged out of the sur. Fund for defray plus of the revenue and income beyond the appropriations heretofore charged thereon. to the United to have credit SEC. S. And be it further enacted, That the president of the United States be, and he is hereby, empowered States indebted to authorize any of the states which were found indebted States, authoriz ed to expend bato the United States, in a settlement of the accounts be- lances due, on tween them and the respective states, to expend, under fifications and his direction, the sums respectively due from them, in therefor. fortifying their ports and harbors; and the sums which may be so expended, shall be passed to the credit of the said states, on account of the balances found and reported, by the commissioners for settling the accounts between the United States and the individual states, to be due from the said states to the United States: Provided, The said states shail and do cede to the United States, the lands or places on which such fortifications shall be cession of sites of so erected, in cases where the lands are the property of such states. [Approved, June 23, 1797.] CHAPTER XXIX. An act to provide for the widows and orphans of certain deceased officers. Proviso; as to fortifications. 1794, extended &c. of officers, SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress Provisions of the assembled, That the provisions for widows and orphans act of 7th June, of commissioned officers of troops of the United States, to the widows, contained in the first section of the law passed on the &c. who have seventh day of June, one thousand seven hundred ninety-four, entitled "An act in addition to the act making further and more effectual provision for the protection of the frontiers of the United States," be, and *See suplemental act, chapter 31. and This proviso repealed by act of 3d May, 1798-see chapter 31, section 3. died by reason of wounds received since 4th March, 1789. the same are hereby, extended to the widows and orphan children of commissioned officers of the troops of the United States, and of the militia, who have died by reason of wounds received since the fourth day of March, one thousand seven hundred and eighty-nine, in Provided appli- the actual service of the United States: Provided. apwithin two years. plication shall be made within two years after the end of the present session of congress. cation be made [Approved, March 14, 1798.3. giment, to serve the regiment. CHAPTER XXX. An act to provide an additional regiment of artillerists and engineers.* SEC. 1. Be it enacted by the Senate and House of ReAn additional re- presentatives of the United States of America in Congress five years, &c. assembled, That an additional regiment of artillerists and engineers shall and may be engaged, by voluntary enlistments, to serve for the term of five years, unless sooner discharged, and to be organized as follows, that Organization of is to say: there shall be one lieutenant-colonel commandant, one adjutant, one surgeon, and three battalions, each to consist of one major, one adjutant and paymaster, one surgeon's mate, and four companies, of one captain, two lieutenants, two cadets, with the pay, Organization of clothing, and rations, of a sergeant, four sergeants, four corporals, forty-two privates, sappers and miners, ten artificers, to serve as privates, and two musicians, in each company. a company. The regiment to litary establish ment. SEC. 2. And be it further enacted, That the additionbe considered as al regiment which shall be raised, pursuant to this act, a part of the mishall be considered as a part of the military establishment of the United States, for the time being; and the commissioned officers, non-commissioned officers, privates, artificers, and musicians, who shall engage in the said regiment, shall be entitled to the same bounty, pay, Bounty, pay, al- and allowances, respectively, according to their correspondent ranks, as are, or shall be, by law, authorized and provided for the other parts of the same establishment, and shall be governed by the same rules and articles of war, and shall be armed and accoutred in such manner as the president of the United States shall diThe regiment rect, and shall and may be employed by him, in detached by the presi- ments, or otherwise, in the field, or the fortifications lowances, &c. may be employ. *Repealed and supplied by act of 16th March, 1802-see chapter 46, sections 1, 2, 26 and 29. |